LLMD

Labour Law (MD)

Labour Law of the Republic of Moldova


Stand:
Chapter IV
STRIKE

Art.

  362 Declaration of strike

(1) The strike represents the voluntary refusal of the employees to fulfill, totally or partially, their work obligations, in order to resolve the collective labor conflict triggered in accordance with the legislation in force.

(2) The strike may be declared in accordance with this law only for the purpose of defending the professional economic and social interests of the employees and may not pursue political purposes.

(3) The strike may be declared if all the ways of resolving the collective labor dispute within the conciliation procedure provided by this law have been exhausted.

(4) The decision regarding the declaration of the strike is taken by the employees' representatives and is notified to the employer 48 hours before the start of the strike.

(5) Copies of the decision on declaring the strike may be submitted, as the case may be, to the hierarchically superior bodies of the unit, employers' associations, trade unions, central and local public authorities.

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Art.

  363 Organization of the strike at unit level

(1) Before starting the strike in the unit, the observance of the conciliation procedure (art. 359) is obligatory.

(2) The employees' representatives express the interests of the striking employees in the relations with the employer, the employers' associations, the central and local public authorities, as well as in the courts, in the case of civil and criminal proceedings.

(3) The striking employees, together with the employer, have the obligation, during the strike, to protect the goods of the unit and to ensure the continuous operation of the equipment and installations whose stopping could endanger the life and health of people or cause damage irrecoverable to the unit.

(4) Participation in the strike is free. No one can be forced to go on strike.

(5) If the technological, safety and hygiene conditions of the work allow it, the employees who do not participate in the strike can continue their activity at their workplace.

(6) During the strike, the employer cannot be prevented from carrying out his activity by the striking employees.

(7) The employer may not hire persons to replace the striking employees.

(8) Participation in the strike or its organization in compliance with the provisions of this law does not constitute a violation of work obligations and may not have negative consequences for striking employees.

(9) During the strike, the employees maintain all the rights deriving from the individual and the collective labor contract, from the collective agreements, as well as from the present law, except for the salary rights.

(10) The remuneration of the employees work who do not participate in the strike and are stationed on the reason of its development shall be carried out according to the provisions of art. 80.

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Art.

  364 Organization of the strike at territorial level

(1) The right to declare and organize the strike at territorial level belongs to the territorial trade union body.

(2) The claims of the strike participants shall be examined by the territorial commissions for consultations and collective bargaining, at the request of the interested social partner.

(3) The strike shall be declared and carried out in accordance with this law and with the collective agreement concluded at territorial level.

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Art.

  365 Organization of the strike at branch level

(1) The right to declare and organize the strike at branch level belongs to the branch trade union body.

(2) The claims of the strike participants shall be examined by the branch commission for consultations and collective bargaining, at the request of the interested social partner.

(3) The strike shall be declared and carried out in accordance with this law and with the collective agreement concluded at branch level.

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Art.

  366 Organization of the strike at national level

(1) The right to declare and organize the strike at national level belongs to the respective national-inter-branch trade union body.

(2) The claims of the strike participants shall be examined by the National Commission for Consultations and Collective Bargaining, at the request of the social partner concerned.

(3) The strike shall be declared and carried out in accordance with this law and with the collective agreement concluded at national level.

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Art.

  367 Place of the strike

(1) The strike takes place, as a rule, at the permanent workplace of the employees.

(2) In case of non-satisfaction of the employees' claims for 15 calendar days, the strike may be carried out outside the unit.

(3) The public administration authorities, with the consent of the employees' representatives, shall establish the public places or, as the case may be, the rooms in which the strike will take place.

(4) The conduct of the strike outside the unit and in the public places shall be carried out in accordance with the provisions of the legislative acts regulating the organization and conduct of the meetings.

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Art.

  368 Suspension of the strike

(1) The employer may request the suspension of the strike, for a maximum period of 30 calendar days, if it could endanger the life and health of people or when he considers that the strike has been declared or is carried out in violation of the law in force.

(2) The request of the strike suspension shall be submitted to the court.

(3) The court establishes the term for the examination of the application, which cannot be longer than 3 working days, and orders the summoning of the parties.

(4) The court resolves the request within 2 working days and pronounces a decision by which, as the case may be:

a) rejects the employer's request;

b) admits the employer's request and orders the strike suspension.

(5) The court shall remit its decision to the parties within 48 hours from the moment of pronouncing.

(6) The decision of the court may be appealed according to the Code of Civil Procedure.

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Art.

  369 Limitation of the strike participation

(1) The strike is prohibited during the natural calamities, the outbreak of epidemics, pandemics, as well as during the state of emergency, siege or war.

(2) The following may not participate in the strike:

a) the medical-sanitary personnel from the hospitals and the urgent medical assistance services;

b) employees from energy and water supply systems;

c) employees in the telecommunications system;

d) employees of air traffic management services;

e) the persons in charge of the central public authorities;

f) the collaborators of the bodies that ensure the public order, the rule of law and the security of the state, the judges of the courts, the employees of the military units, the organizations or institutions of the Armed Forces;

g) employees from continuous flow units;

h) the employees from the units that manufacture production for the country's defense needs.

(3) The nomenclature of units, sectors and services, the employees of which may not participate in the strike according to point (2), shall be approved by the Government after consulting the employers' associations and trade unions.

(4) If the strike is prohibited according to the points (1) and (2), the collective labor disputes shall be resolved by the labor jurisdiction bodies, according to the present law.

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Art.

  370 Liability for organizing the illegal strike

(1) For declaring and organizing the illegal strike, the guilty persons shall bear disciplinary, material, administrative and criminal liability in accordance with the legislation in force.

(2) The court that found the illegality of the strike will oblige the guilty persons to repair the material and moral damage caused, according to the present law and other normative acts in force.

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